(1) The registered owner and the driver of a vehicle commit an offence if —
(a) any person in the motor vehicle litters the road or surrounding land; or (Amended by Act 10 of 2006)
(b) a load being carried is not properly secured or covered on the motor vehicle and results or may result in littering of the road or surrounding land. (Amended by Act 10 of 2006)
(2) A person who commits an offence under this section is liable —
(a) on summary conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding one month or both; or
(b) on conviction on indictment —
(i) if the offence was committed by an individual otherwise than in the course of business, to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or both, and
(ii) in any other case, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding one year or both.
(Substituted by Act 10 of 2006)
(3) Upon conviction, the Court may order that the defendant pay to the institution responsible for the collection and disposal of solid waste in respect of the road, compensation in an amount that the Court considers sufficient for the cost of clean up of the movables.
(4) A person shall not be convicted of an offence under subsection (1) if the person proves that the person exercised due diligence to avoid the commission of the offence.
(5) The provisions of this section are without prejudice to any provisions in any enactment relating to littering.
(Amended by Act 10 of 2006)